Ailing veteran opposition politician, Dr Kizza Besigye, his aide Obeid Lutale and one of their lawyers, Eron Kiiza will remain in detention until later this month when the Civil Division of the High Court in Kampala will make its decision in a habeas corpus case filed by their lawyers.
After hearing submissions from Besigye’s advocates and representatives of the Attorney General, High Court judge Douglas Karekona Singiza said on Wednesday, February 19 that his decision would be delivered not later than February 25, 2025.
“Prison authorities should take back Col Kizza Besigye and Obeid Lutale and remain with the lawyers and proceed with the habeas corpus application,” Dr Singiza said during proceedings ignoring pleas by Dr Besigye’s lawyers to issue an interim order for the release of the four-time presidential contender to seek better health care outside Luzira prison where he has been detained since November last year.
The judge said he was happy that at least the body of Dr Besigye had been presented in court and now what remains are questions about his unlawful detention following government’s delay to implement a January 31 Supreme Court ruling which stopped the General Court martial from trying civilians on grounds that it was unconstitutional before ordering files to be immediately transferred to the ordinary courts with competent jurisdiction.
After today’s court proceeding, National Unity Platform (NUP) president Robert Kyagulanyi, alias Bobi Wine who was flanked by Dr Besigye’s wife, Winnie Byanyima and Dr Besigye’s lawyers described the former Forum for Democratic Change (FDC) president’s continued detention and judge’s orders as political persecution.
“The cadre judge and the regime are persecuting Dr Kizza Besigye and other political prisoners in the name of prosecution. My only call to Ugandans here and abroad is to continue exerting pressure. We’re not going to stop. We gave the regime 48 hours to release Dr Besigye because we want him alive. They are trying to kill him. I call upon Ugandans to stand for Dr Besigye and all other political prisoners who are illegally incarcerated,” Mr Kyagulanyi said before proceeding to his party headquarters where members of the opposition in the country organized prayers for Dr Besigye and other political prisoners.
Ms Byanyima said she was disappointed that court could not free her husband from what she described as illegal detention to seek better medical care.
“I came here expecting to take Dr Kizza Besigye home today. I’m devastated but I’m not surprised. Besigye is a captive. He was kidnapped and he’s in captivity as we all are. Museveni has put all of us in captivity. Shame on this cadre judge for sending my husband back to jail when his health is deteriorating fast. But it’s all on President Museveni and his son [Gen Muhoozi Kainerugaba] who’s the chief of the army who are holding all of us captive. We must liberate ourselves. Enough is enough,” said Ms Byanyima who is also UNAIDS executive director.
Dr Besiye and Lutale have been on remand at Luzira prison since November last year after they were arrested in Kenya’s capital, Nairobi, and charged with security-related offences and later treachery.
In her affidavit to support his application, Ms Byanyima said the continued illegal detention of her husband is an infringement on his rights under the 1995 Constitution.
Recently, Dr Besigye’s health has deteriorated, reportedly due to a prolonged hunger strike. On Sunday, he was taken to a private clinic in Bugolobi for medical tests. He was later taken back to jail.
